Guardian International Staff
The Guardian / December 5, 2024
Human rights group says Israel ‘brazenly, continuously and with total impunity … unleashed hell’ on strip’s 2.3m population
A report from Amnesty International alleges that Israel’s war against Hamas in the Gaza Strip constitutes the crime of genocide under international law, the first such determination by a major human rights organisation in the 14-month-old conflict.
The 32-page report examining events in Gaza between October 2023 to July 2024, published on Thursday, found that Israel had “brazenly, continuously and with total impunity … unleashed hell” on the strip’s 2.3 million population, noting that the “atrocity crimes” against Israelis by Hamas on 7 October 2023, which triggered the war, “do not justify genocide”.
Israel has “committed prohibited acts under the Genocide Convention, namely killing, causing serious bodily or mental harm, and deliberately inflicting on Palestinians in Gaza conditions of life calculated to bring about their physical destruction” with the “specific intent to destroy Palestinians” in the territory, the report said.
It marks the first time Amnesty has alleged the crime of genocide during an ongoing conflict, and builds on a March report by the UN special rapporteur for Palestine that concluded “there are reasonable grounds to believe” Israel was committing genocide against Palestinians.
“Our damning findings must serve as a wake-up call: this is genocide and it must stop now,” Agnès Callamard, the group’s secretary general, said in a news conference on Wednesday.
Amnesty cited the deliberate obstruction of aid and power supplies together with “massive damage, destruction and displacement”, leading to the collapse of water, sanitation, food and healthcare systems, in what it called a “pattern of conduct” within the context of the occupation and blockade of Gaza.
“We did not necessarily start out thinking we would come to this conclusion. We knew there was a risk of genocide, as the international court of justice said,” Budour Hassan, Amnesty’s Israel and occupied Palestinian territories researcher, told the Guardian. “When you join the dots together, the totality of the evidence, it is not just violations of international law. This is something deeper.”
The main allegations in the report are:
- The unprecedented scale and magnitude of the military offensive, which has caused death and destruction at a speed and level unmatched in any other 21st-century conflict;
- Intent to destroy, after considering and discounting arguments such as Israeli recklessness and callous disregard for civilian life in the pursuit of Hamas;
- Killing and causing serious bodily or mental harm in repeated direct attacks on civilians and civilian infrastructure, or deliberately indiscriminate attacks; and
- Inflicting conditions of life calculated to bring about physical destruction, such as destroying medical infrastructure, the obstruction of aid, and repeated use of arbitrary and sweeping “evacuation orders” for 90% of the population to unsuitable areas.
As an occupying power, Israel is legally obliged to provide for the needs of the occupied population, Kristine Beckerle, an adviser to Amnesty’s Middle East and North Africa team, said on Wednesday. She described Israel’s May offensive on Rafah, until then the last place of relative safety in the strip, as a major turning point when it came to establishing intent.
“[Israel] had made Rafah the main aid point, and it knew civilians would go there. The ICJ ordered them to stop and they went ahead anyway,” she said. “Rafah was key.”
At least 47 people including four children were killed in air strikes across Gaza on Tuesday, according to health officials in the territory, including at least 21 who were sheltering in tent camp housing displaced people near the city of Khan Younis. The Israeli military said it had targeted Hamas militants.
Amnesty has called on the UN to enforce a ceasefire, impose targeted sanctions on Israeli and top Hamas officials, and for western governments such as the US, the UK and Germany to stop providing security assistance and selling arms to Israel.
The rights group has also urged the international criminal court, which last month issued arrest warrants for the Israeli prime minister, Benjamin Netanyahu, and the former defence minister Yoav Gallant, to add genocide to the list of war crimes it is investigating.
Finally, it called for the unconditional release of civilian hostages and for “Hamas and other Palestinian armed groups responsible for the crimes committed on 7 October to be held to account”.
The report, You Feel Like You Are Subhuman’: Israel’s Genocide Against Palestinians in Gaza, is likely to be met with outrage in Israel and generate accusations of antisemitism. Several legal experts and genocide studies scholars contend that the 7 October attack was also genocidal.
The Holocaust led to the creation of the Jewish state and the Geneva conventions, which codified and outlawed genocide as a punishable crime. Both initiatives were the international community’s “never again” response to the horrors inflicted on European Jews by the Nazis in world war two.
In its conclusion, the report says that Amnesty “recognises that there is resistance and hesitancy among many in finding genocidal intent when it comes to Israel’s conduct in Gaza”, which has “impeded justice and accountability”.
“Amnesty International concedes that identifying genocide in armed conflict is complex and challenging, because of the multiple objectives that may exist simultaneously. Nonetheless, it is critical to recognise genocide, and to insist that war can never excuse it,” it states.
Amnesty said the report was based on fieldwork, interviews with 212 people, including victims, witnesses and healthcare workers in Gaza, analysis of extensive visual and digital evidence, and more than 100 statements from Israeli government and military actors it said amounted to “dehumanising discourse”. It also used video and photo evidence of soldiers committing or celebrating war crimes.
Israel’s acts in Gaza were examined “in their totality, taking into account their recurrence and simultaneous occurrence, and both their immediate impact and their cumulative and mutually reinforcing consequences”, it said. Findings were shared “extensively” on multiple occasions with Israeli authorities, the group added, but were not met with responses.
Thursday’s publication builds on the London-based rights group’s previous bold positions on Israel’s occupation of the Palestinian territories. In 2022, Amnesty joined Human Rights Watch and the respected Israeli NGO B’Tselem in issuing a major report accusing Israel of apartheid, as part of a growing movement to redefine the Israeli-Palestinian conflict as a struggle for equal rights rather than a territorial dispute. Israeli politicians called for the report to be withdrawn, alleging antisemitism.
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Amnesty International says genocide is occurring in Gaza, an accusation Israel rejects
Samy Magdy
AP / December 5, 2024
CAIRO – Amnesty International accused Israel of committing genocide in the Gaza Strip during its war with Hamas, saying it has sought to deliberately destroy Palestinians by mounting deadly attacks, demolishing vital infrastructure and preventing the delivery of food, medicine and other aid.
The human rights group released a report Thursday in the Middle East that said such actions could not be justified by Hamas’ Oct. 7, 2023, attack into Israel, which ignited the war, or the presence of militants in civilian areas. Amnesty said the United States and other allies of Israel could be complicit in genocide, and called on them to halt arms shipments.
“Our damning findings must serve as a wake-up call to the international community: this is genocide. It must stop now,” Agnès Callamard, Secretary General of Amnesty International, said in the report.
Israel, which was founded in the aftermath of the Holocaust, has adamantly rejected genocide allegations against it as an antisemitic “blood libel.” It is challenging such allegations at the International Court of Justice, and it has rejected the International Criminal Court’s accusations that Prime Minister Benjamin Netanyahu and his former defense minister committed war crimes in Gaza.
“The deplorable and fanatical organization Amnesty International has once again produced a fabricated report that is entirely false and based on lies,” Israel’s Foreign Ministry said in a statement. Israel accused Hamas, which has vowed to annihilate Israel, of carrying out a genocidal massacre in the attack that triggered the war, and said it is defending itself in accordance with international law.
Amnesty says Palestinians face a ‘slow, calculated death’
Amnesty’s report adds an influential voice to a growing list of players that have accused Israel of committing genocide — which would put it in the company of some of the deadliest conflicts of the past 80 years, including Cambodia, Sudan and Rwanda.
The accusations have largely come from human rights groups and allies of the Palestinians. But last month, Pope Francis called for an investigation to determine if Israeli actions amounted to genocide, and Saudi Arabia’s crown prince, Mohammed bin Salman, who has signalled readiness to establish diplomatic relations with Israel, accused it of committing genocide.
Israel says it is at war with Hamas, not the people of Gaza. And key allies, including the U.S. and Germany, have also pushed back against the genocide allegations. But Amnesty accused Israel of violating the 1951 Genocide Convention through acts it says are intended to bring about the physical destruction of Gaza’s Palestinian population by exposing them to “a slow, calculated death.”
Amnesty said it analysed the overall pattern of Israel’s conduct in Gaza between Oct. 7, 2023 and early July. It noted that there is no casualty threshold in proving the international crime of genocide, which is defined by the United Nations as acts intended to destroy, in whole or in part, a national, ethnic, racial or religious group.
To establish intent, Amnesty said it reviewed over 100 statements by Israeli government and military officials and others since the start of the war that “dehumanized Palestinians, called for or justified genocidal acts or other crimes against them.”
Israeli officials have previously said that such statements were taken out of context or referred to their stated goal of destroying Hamas, not Palestinian civilians.
Israel says it goes to great lengths to protect civilians and comply with international law — including ordering civilians to evacuate areas ahead of airstrikes and ground offensives. It also says it has facilitated the deliveries of large quantities of food and humanitarian supplies — a claim that is disputed by the U.N. and aid organizations working inside Gaza.
On Sunday, a former top Israeli general and defense minister accused the government of ethnic cleansing in northern Gaza, where the army has sealed off the towns of Beit Hanoun and Beit Lahiya and the Jabaliya refugee camp and allowed almost no humanitarian aid to enter.
Amnesty said it found that Israel “deliberately inflicted conditions of life on Palestinians in Gaza intended to lead, over time, to their destruction.” Those actions included the destruction of homes, farms, hospitals and water facilities; mass evacuation orders; and the restriction of humanitarian aid and other essential services.
It also analysed 15 airstrikes from the start of the war until April that killed at least 334 civilians, including 141 children, and wounded hundreds of other people. It said it found no evidence that any of the strikes were directed at military objectives.
It said one of the strikes destroyed the Abdelal family home in the southern city of Rafah on April 20, killing three generations of Palestinians, including 16 children, while they were sleeping. An Associated Press investigation identified at least 60 families in which at least 25 members had been killed.
Amnesty has previously angered Israel by joining other major rights groups in accusing it of the international crime of apartheid, saying that for decades it has systematically denied Palestinians basic rights in the territories under its control. Israel has also denied those allegations.
Israel blames civilian deaths on Hamas, lack of aid on UN
Israel says it only targets militants and blames civilian deaths on Hamas because the militants fight in dense, residential areas and have built tunnels and other militant infrastructure near homes, schools and mosques.
It blames the lack of humanitarian aid on United Nations agencies, accusing them of not delivering hundreds of truckloads of aid that have been allowed in. The U.N. says it is often too dangerous to retrieve and deliver the aid. It blames Israel as the occupying power for the breakdown of law and order — which has enabled armed groups to steal aid convoys — while also accusing it of heavily restricting movement within the territory.
The war began when Hamas-led militants stormed into southern Israel on Oct. 7, 2023, killing some 1,200 people, mostly civilians, and taking around 250 hostage, including children and older adults. Some 100 captives are still held inside Gaza, at least a third of whom are believed to be dead.
Israel’s retaliatory military campaign has killed more than 44,500 people, according to Gaza health officials, whose count doesn’t distinguish between civilians and fighters, though they say more than half the dead are women and children.
The offensive is among the deadliest and most destructive since World War II, and has destroyed vast areas of the besieged coastal territory. It has displaced some 90% of the population of 2.3 million, often multiple times. Hundreds of thousands of people have crammed into squalid tent camps with little in the way of food, water or toilets.
Aid groups say the population is at risk of disease and malnutrition, especially as winter sets in. Experts have warned of famine in northern Gaza, which Israel has almost completely sealed off since launching a major military operation there in early October. Hamas militants have repeatedly regrouped there and in other areas, and the group has faced no major internal challenge to its rule.
Amnesty says the US needs to press for an end to the war
The United States, which has provided crucial military aid to Israel and shielded it from international criticism, has repeatedly appealed to Israel to facilitate more aid, with limited results.
The Biden administration said in May that Israel’s use of U.S.-provided weapons in Gaza at times likely violated international humanitarian law but that the evidence was incomplete.
Callamard urged the United States, Germany and other countries supplying arms to Israel to pressure Netanyahu to end the war.
